Neutral Citation No. - 2025:AHC:83763 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8008 of 2025 Applicant :- Harji Ram Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ajay Kumar Srivastava, learned counsel for the applicant and Shri Arimardan yadav, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Harji Ram, seeking enlargement on bail in Case Crime No. 484 of 2024, under Sections 318 (4), 336 (3), 338, 340 (2) of the Bharatiya Nyaya Sanhita, 2023, and 60/63/72 of Excise Act, Police Station-Lanka, District Varanasi. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 01.12.2024. First Information Report has been lodged with the allegation that on 02.12.2024 when the Police party was indulged in patrolling/ vehicle checking, they tired to stop the alleged vehicle the driver of the vehicle tried to fled away from the place of incident and anyhow the police party stopped the vehicle and arrested the applicant and recovered English wine in huge quantity. Learned counsel for the applicant submits that the applicant is a truck driver and he is doing job of driver in Sardar Transport Company and he has nothing to do with the alleged recovered wine. In the present case charge sheet has been filed on 19.02.2025 and there is no necessity of any further custodial interrogation of the applicant. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Harji Ram, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 19.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad